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15.09.2020 DAVINCIts.com: General Business Terms and Conditions

GENERAL BUSINESS TERMS AND CONDITIONS

APPLICABLE TO THE RELATIONSHIP BETWEEN DAVINCI TS AND CLIENTS

Preamble

  1. These General Business Terms and Conditions which may be amended from time to time, apply to accommodation arrangements that are provided by us directly or indirectly (via distributors) online, by email or by phone. By registering on our website and ticking the General Terms and Conditions, you confirm that you have read these General Business Terms and Conditions and that you acknowledge them, and that you agree with them, as well as you undertake to abide by them. You agree with these General Business Terms and Conditions and you undertake to follow them also by visiting and using the Platform. These General Business Terms and Conditions set out the rights and obligations governing the relationship between us, DAVINCI TS, as an intermediary and operator of the Platform, and you, as the Client.
  2. The Platform, its contents and infrastructure, and the online accommodation reservation service being provided on the Platform are owned, operated and provided by DAVINCI TS for commercial purposes solely and are subject to these General Business Terms and Conditions.

I. Definitions

  1. Terms such as "DAVINCI TS", "we", "us" and "our" refer to DAVINCI travel system s.r.o., company ID no. 05277949, which is governed by the laws of the Czech Republic, and is seated at Pavla Beneše 750/12, Letňany, Prague 9, 199 00, Czech Republic.
  2. "Platform" means the website www.davincits.com through which the service is provided, and which is owned, operated, managed, administrated, maintained and/or hosted by DAVINCI TS.
  3. "Service" means the mediation of Accommodation Services (including mediation of payments) between Providers and Clients.
  4. "Provider" means providers of Accommodation Services (at accommodation facilities such as hotels, motels, apartments, bed & breakfasts, etc.), who provide these services as a part of their business.
  5. "Accommodation Services" means the services provided by a Provider.
  6. "Client" means an entrepreneur – a natural or a legal person as separate economic entities interested in mediation of Accommodation Services purchased from Providers through the Platform.
  7. "End-Customer" means a customer of a Client who uses the Accommodation Services.
  8. "Administrative Fee" means the commission of DAVINCI TS for mediation of Accommodation Services and the costs of related transactions. The amount of commission for a particular case is always determined by DAVINCI TS. The Administrative Fees are paid by the Clients.
  9. "Terms" means these General Business Terms and Conditions.

II. Scope of Our Services

  1. DAVINCI TS provides the online Platform through which it offers mediation of Providers‘ Accommodation Services to Clients. By making a reservation via DAVINCITS.COM you enter into a direct (legally binding) contractual relationship with the Provider where you make a reservation or order a product or service (as appropriate). From the very first moment you make your reservation, DAVINCI TS has a status of an intermediary between you as the Client and the Provider. DAVINCI TS transfers information about your reservation to the Provider and sends you an email on behalf of the Provider confirming the reservations.
  2. When providing Services on our Platform or otherwise we publish information that is based on information provided by Providers on their websites. Before confirming a reservation, you should get acquainted with the quality of the accommodation facility, type of rooms, location of the facility, relevant reviews and its opening hours. DAVINCI TS acts solely as an intermediary between you and the Provider and is not responsible for the accommodation type you have chosen or for the quality of services associated with the accommodation. We do not verify this information, as well as we are not responsible for trustworthiness and credibility of Providers, and we are not obliged to provide you with any information necessary to assess their trustworthiness and credibility.
  3. It is the Provider who always bears full responsibility for the accuracy, completeness and correctness of (descriptive and pictorial) information displayed on the Provider's website or provided to us by any means.
  4. We provide the Services exclusively for commercial purposes. Therefore, you as our Client, may not disclose the offered prices of Accommodation Services to your End-Customers, or use, copy, monitor (such as through spiders or scraping techniques), display, download and reproduce the content, information, software, reservations, products and services available on our Platform for any commercial or competitive purposes.

III. Prices and Surcharges

  1. The prices for Accommodation Services which we offer to mediate on our Platform are wholesale and very favourable. All room rates (per room and per the whole stay) include breakfast, VAT, turnover tax and Administrative Fees, unless otherwise stated on our Platform or in the email confirming the reservation made by the Client. Prices are valid only for the requested number of rooms. If the original number of offered rooms is decreased by the Client, the Provider reserves the right to change the price of Accommodation Service. The breakfast type is indicated in the reservation details. If breakfast is not included in the price, you will be informed in advance and in time during the booking process.
  2. By reservation of any Accommodation service through the Platform or otherwise through us, you undertake to pay us an Administrative Fee. The total cost of the Accommodation Services offered to the Client through the Platform already includes the Administrative Fee. The entitlement to the Administrative Fee arises from making a reservation and it remains valid regardless of whether the Accommodation Service will actually be provided, and regardless of its quality.
  3. Some accommodation facilities offer free accommodation for each 21st/25st/30th/35th person. If such benefit is offered, you will be informed accordingly during the booking process and the discount will be deducted from the total price of your reservation. Any potential additional surcharges, e.g. for extension of the stay, use of the buspark and other, will be charged separately according to the current price list of the relevant accommodation facility.
  4. The accommodation price may be without the tourist/city tax, therefore this may be charged separately by the Provider during your stay. If the tourist/city tax is not included in the price, you will see this information on our Platform under the order summary, including the current amount. The tourist/city taxes, which are not included in the price, must be paid by the Client individually and separately in the accommodation facility. If not paid, the amount is charged back and added to the price of the Accommodation Services provided to the Client concerned.
  5. We want to ensure that our customers receive the best offer possible. If, after making a reservation through our Platform, you find on the Internet the same type of accommodation with the same booking conditions at a lower price, the difference between our price and this lower price can be reduced for you.
  6. Rates on the platform can be specified in different currencies and conversion of currencies to EUROS is for informational purposes only and should not be considered accurate and up- to- date; the accurate and current amounts at the time of booking may be different.
  7. Obvious mistakes and inaccuracies (including typing errors) are not binding. All the special offers are marked accordingly.
  8. When paying the entire reservation price or surcharge directly at the accommodation facility, you are obliged to pay any difference in the price, which may be increased by VAT, turnover tax or Administrative Fee of DAVINCI TS.

IV. Booking of Accommodation, Reservation Changes, Rooming List

  1. On DAVINCI TS Platform, you may book selected accommodation without any obligation (optional reservation), if the accommodation facility offers such service. Optional reservations have a date until when such reservation is valid. If the reservation is not confirmed in time, the reservation is considered invalid.
  2. Fixed reservation is a reservation already confirmed, which is then subject to cancellation terms and conditions of the Provider.
  3. The Client is entitled to make changes to the reservation made, to change the number of rooms and to reserve extra optional rooms. The making of changes is subject to subsequent confirmation of the proposed changes by the Provider. Changes to reservations not confirmed by the Provider will be invalid.
  4. The Provider is responsible for all confirmed reservations, and by confirming a new structure, the Provider is obliged to provide accommodation in accordance with the confirmed structure of rooms proposed by the Client.
  5. The Client shall provide DAVINCI TS with a Rooming List with respect to each reservation made by the Client. The Rooming List is divided into the first proposed version (ten (10) days before the accommodation start date) and the final version (three (3) days before the accommodation start date). The Rooming List shows the structure of rooms and End-Customer information. Based on the last confirmed Rooming List, an invoice is issued.
  6. If several versions of the Rooming List have been uploaded by the Client, the last Rooming List confirmed by the Provider is deemed to be current. The Provider is not responsible for any changes to the Rooming List made less than three (3) days before the accommodation start date.

V. Payment, Cancellation of Reservation, Non-Accommodation and Important Information

  1. The Price for all Accommodation Services reserved through the Platform, including Administrative Fee, shall be paid by the Client before the accommodation start date to DAVINCI TS within the due date, and according to the relevant invoice. The payment is deemed to have been settled upon crediting the amount concerned to the bank account of DAVINCI TS no later than on the day of the accommodation start date. If the accommodation facility requires an earlier payment or an advance payment, the Client shall make such payment as described above. DAVINCI TS is only an intermediary of payments for Accommodation Services. We always re-invoice you an accommodation price, an advance price for accommodation or other payments related to reserved Accommodation Services based on an invoice received from the Provider. We add Administrative Fee to a re-invoiced amount.
  2. If the Client fails to comply with the given payment terms, the Provider has the right to cancel the reservation. The costs associated with finding a substitute accommodation or costs incurred so far shall be borne by the Client. The cancellation of the reservation by the Provider or by the Client does not affect our right to charge the Administrative Fee.
  3. If the End-Customer starts accommodation which was not paid by the Client before the accommodation start date, the Client is obliged to pay the total price for Accommodation Services, including an Administrative Fee. This liability is considered as the Client’s debt, which must be paid in short order.
  4. If the Client fails to pay in time any amount invoiced by DAVINCI TS, the Client shall be obliged to pay to DAVINCI TS (in addition to the owed principal amount and other amounts to which DAVINCI TS may be entitled) a contractual penalty amounting to 1% of the unpaid amount per each day of the Client’s delay with payment of the respective amount. The contractual penalty shall be invoiced by DAVINCI TS typically for a period of each week, shall be due for payment within 14 days after invoice date and shall be paid by the Client to the bank account of DAVINCI TS maintained by Volksbank AG (Iban: DE04 8559 0100 4561 8092 03 – EUR SWIFT: GENODEF1NGS ).
  5. By making a reservation at the Provider, you agree with the terms and conditions applicable to cancellation of reservation and to failure to start accommodation, as well as with any other (e.g. delivery) terms and conditions of the Provider which may apply to your reservation and stay of your End-Customers. The general terms and conditions applicable to cancellation of reservation and non-accommodation are listed on the specific Provider's website or on the Platform under booking conditions.
  6. In the event of cancellation of the whole reservation, a part of the reservation or non-accommodation, the Provider may charge the Client with relevant cancellation fees according to the cancellation terms and conditions which the Client undertakes to pay. Therefore, before making a reservation, you are obliged to read carefully the information about your chosen accommodation whose Provider may also refer to its specific terms and conditions.
  7. In case of a late arrival (e.g. after 10 p.m. or the following day) to the Provider’s facility, be sure to inform the Provider immediately in order to ensure that the accommodation facility’s personnel is aware of your expected arrival, and to prevent the situation that your reservation is cancelled or you are charged for failure to start the accommodation in the given accommodation facility. If needed, our Customer Service may help you to contact the Provider. DAVINCI TS is not responsible for any consequences of your late arrival at the accommodation, not for cancellation of the reservation and for fees for failure to start the accommodation charged by the Provider.
  8. If an End-Customer damages any accommodation equipment during his/her stay or uses charged services (including a minibar) during his/her stay, the Client undertakes to pay relevant due amount to the Provider. In the event of a change in the room structure, the outstanding amount shall be paid by the Client. The Client shall pay the resulting outstanding amount either directly in the accommodation facility or to DAVINCI TS based on an invoice issued.
  9. If the Provider fails to allow accommodation of the End-Customers while the payment conditions are fulfilled, fails to allow accommodation of the End-Customers in accordance with the structure previously confirmed, or otherwise wrongfully cancels a confirmed reservation made by the Client (e.g. because of overbooking or the Provider’s mistake), DAVINCI TS undertakes to make all reasonable efforts to secure a nearby replacement accommodation of the same or higher category for the Client. If the Client accepts the replacement accommodation facility offered by DAVINCI TS, DAVINCI TS undertakes to cover the difference between (i) the cost of accommodation in the replacement accommodation facility and (ii) the cost of accommodation in the accommodation facility of the Provider. DAVINCI TS shall not be liable for any other damage or extra costs incurred by the Client, the End-Customers or any other third party.
  10. Once the Client receives, finds or otherwise becomes familiar with any Provider’s offer of Accommodation Services via the Platform, the Client must refrain from booking (or purchasing) of the same or substantially similar Accommodation Services from such Provider for the same or substantially similar travel group and the same or substantially similar term of stay otherwise than via the Platform in accordance with these Terms. If the Client breaches its obligation stipulated in the previous sentence, the Client shall be obliged to pay to DAVINCI TS a contractual penalty in the amount of EUR 500 per each breach. The contractual penalty shall be invoiced by DAVINCI TS to the Client, shall be due for payment within 14 days after invoice date and shall be paid by the Client to the bank account of DAVINCI TS maintained by Volksbank AG (Iban: DE04 8559 0100 4561 8092 03 – EUR SWIFT: GENODEF1NGS). In case of a repeated breach of the obligation stipulated in the first sentence by a Client, DAVINCI TS reserves the right to deny such Client the access to the Platform for any period of time as DAVINCI TS sees fit.
  11. We shall be released from the obligation to pay any damages in case of vis major, i.e. in case that we are temporarily or permanently prevented from fulfilling our obligations hereunder by an unforeseeable and insurmountable obstacle arising independently of our will, such as war conflicts, riots, strikes, natural disasters, epidemic, pandemic and other unpreventable occurrences.

VI. Correspondence and Communication

  1. DAVINCI TS is not responsible for communication between the Client and the Provider outside our Platform and for any circumstances or consequences arising from this communication. DAVINCI TS cannot guarantee that any request or communication will be delivered/read, fulfilled, executed or accepted by the Provider in due time and in a timely manner.
  2. In order to properly complete your reservation, it is necessary to communicate solely through the Platform or through our Customer Service.
  3. The Client agrees that any and all information about booked Accommodation Services (including, in particular, contact details of the travel group, arrival date, number of nights, type and size of the travel group, meal requests, amenities and services, special requests and wishes of the travel group and the total travel budget) shall be forwarded exclusively via the Platform. Direct contact between the Client and the Provider after confirmation of the reservation is not allowed.

VII. Support Line and Crisis Solving

  1. To resolve issues related to the Accommodation Service reserved through the Platform, the Client can use our NonStop business support line. It has been designed to deal with crisis situations related to accommodation. Vouchers provided include relevant contacts to the Customer Service support line. DAVINCI TS shall make every effort to resolve crisis situations promptly and in the best manner possible. Through the Customer Service (Lines of Support) DAVINCI TS only mediates communication and requirements between the Client and Providers, and the Company is not responsible for their resolution or answering their queries.
  2. Any claims or complaints relating to accommodation offered must be made to the Provider during the stay or on the departure date at the latest. A complaint submitted after expiration of such time limit may be rejected and the claimant thus loses its entitlement to compensation (for damage or financial expenses). We strongly recommend taking photos during your stay, which (if needed) will be used in your favor.
  3. DAVINCI TS is constantly connecting new Providers to the Platform. In order to avoid any mistakes in rates, currencies or availability, we reserve the right to re-confirm and regulate any offer of the Providers within the first 24 hours after the Client selects it for optional reservation or fixed (confirmed) reservation.

VIII. Statement of Disclaimer

  1. The responsibility for making a reservation lies on the Client, or any persons who made the reservation on behalf of the Client, or persons who have been entrusted to access the Platform by the Client.
  2. In accordance with the exclusion of liability set out in other specific parts of these Terms, subject to limitations set forth in these Terms and to the extent permitted by law, we are liable only for direct damages actually suffered, paid or incurred in connection with provable breach of our obligations within providing our Services, up to the amount of an Administrative Fee you paid us in connection with the relevant Services.

IX. Intellectual Property Rights

  1. Unless stated otherwise, the software required for our Services or available and used on our Platform, and the intellectual property rights (including copyright) relating to the content and information on our Platform are owned by DAVINCI TS, its suppliers or providers.
  2. DAVINCI TS is the exclusive owner of all rights, legal entitlements and interests (associated with the intellectual property), the appearance and user aspect (including infrastructure) of the Platform where the service is offered (including guest reviews and translated contents). In view of the above, without our express written permission you are not entitled to copy, web-scrape, create links (hypertext/direct), publish, promote, integrate, use, combine, share or use the contents or our brand in any other way (including translations and guest reviews). Therefore, you hereby waive, surrender and transfer in favor of DAVINCI TS all the rights associated with (total or partial) use or combination of our (translated) content or any intellectual property rights to the website and your (translated) content or guest reviews. Any unlawful use or any behavior or conduct described above shall be deemed as serious infringement of intellectual property rights (including relevant copyrights and copyrights relating to the databases).

X. Protection of End-Customers’ Personal Data

  1. DAVINCI TS processes any personal data related to the End-Customers received from the Client in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC („GDPR”), and other applicable legislation.
  2. DAVINCI TS processes only the following types of personal data related to the End-Customers that will be filled by the Client in each Rooming List: (i) full name, (ii) date of birth, and (iii) identification number of passport or other travel document. The Client shall not provide DAVINCI TS with any other personal data related to the End-Customers.
  3. Under no circumstances shall DAVINCI TS process any personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, nor genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.
  4. Whenever the Client provides DAVINCI TS with any personal data related to an End-Customer (including, in particular, personal data contained in the Rooming Lists), the Client:
  1. DAVINCI TS shall not process personal data of End-Customers other than on the Client’s instructions within the meaning of paragraph 4 above.
  2. DAVINCI TS shall all take reasonable steps to ensure the reliability of its employees and representatives who may have access to personal data of End-Customers, ensuring in each case that access is strictly limited to those individuals who need to know or access the relevant personal data, as strictly necessary for the purposes of provision of Services, and to comply with applicable laws in the context of that individual’s duties to DAVINCI TS, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
  3. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, DAVINCI TS shall in relation to the personal data of End-Customers implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk. In assessing the appropriate level of security, DAVINCI TS shall take account in particular of the risks that are presented by processing, in particular from a personal data breach.
  4. The Client acknowledges that the choice of a particular Provider is the responsibility of the Client. When choosing a particular Provider, the Client shall consider also the ability of the respective Provider to adequately protect personal data of the Client’s End-Customers which are contained in the Rooming List provided by the Client. The Client shall make best efforts to ensure that personal data of End-Customers that are transferred by DAVINCI TS under instruction of the Client to a Provider located outside the European Union or the European Economic Area are adequately protected. DAVINCI TS assumes no responsibility for the processing of personal data of End-Customers by the respective Provider to which DAVINCI TS forwarded the Rooming List containing personal data of End-Customers in accordance with the Client’s instructions.
  5. DAVINCI TS shall process the personal data of the End-Customers provided to it by the Client solely for the purposes associated with provision of Services to the Clients and the Providers.
  6. DAVINCI TS undertakes not to disclose any personal data of the End-Customers provided to it by the Client to any third party, except in the following cases:
  1. DAVINCI TS shall not store the personal data of the End-Customers longer than is necessary for the purposes for which the personal data need to be processed by DAVINCI TS in accordance with these Terms.
  2. DAVINCI TS and the Client shall cooperate in good faith and provide assistance in the event End-Customers will wish to exercise their rights of access, correction, erasure, portability or any other right granted by applicable legislation, or if the competent authorities will request demonstration of compliance with statutory obligations related to protection of personal data.
  3. DAVINCI TS undertakes to take all reasonable steps to protect the personal data of End-Customers received from the Client against loss and unauthorized access, use, deletion and disclosure; and, as required by applicable laws, process personal data in a manner that ensures appropriate confidentiality and security of the personal data.
  4. DAVINCI TS shall notify the Client without undue delay upon DAVINCI TS becoming aware of a personal data breach affecting personal data of the End-Customers, and shall provide the Client with sufficient information to allow the Client to meet any obligations to report or inform the End-Customers of the personal data breach under the applicable laws. DAVINCI TS shall co-operate with the Client and make reasonable efforts as directed by the Client to assist in the investigation, mitigation and remediation of each such personal data breach.

XI. Miscellaneous

  1. To the extent permitted by law, these Terms, as well as provision of our Services, are governed and construed in line with the Czech law, and any dispute arising in connection with these Terms and our services shall be settled solely at the competent court in the Czech Republic.
  2. The rights and obligations of the Contracting Parties within the relationship established by these Terms are governed in particular by Act No. 89/2012 Coll., the Civil Code. The Contracting Parties have agreed to exclude the application of the provisions of § 2450, 2451, 2452 and 2453 of the Civil Code to their mutual contractual relations under these Terms.
  3. The original version of these Terms in the English language has been translated into other languages. In the event of any discrepancies regarding the content or interpretation of these Terms or inconsistency of the English version and a version translated into another language, the Terms in the English language shall be considered valid, conclusive and decisive to the extent permitted by law. The English version of the Terms is available on our Platform (choose English language), or it can be sent to you upon your written request.
  4. If any part of these Terms becomes invalid, legally ineffective or non-binding, the other parts of these Terms shall survive. In such a case, the invalid provision shall be enforced in full in accordance with the applicable law, and you shall adopt measures with an effect similar to the invalid, legally ineffective or non-binding measure, in accordance with the content and purpose of these Terms.
  5. These Terms enter into force and become effective on 04.03.2020 If necessary, DAVINCI TS may update these Terms by publishing updated Terms and Conditions on its website www.davincits.com/terms, and these shall apply and become effective from the date of such publication. By log-in and using the Platform, as well as using any of Services (in particular by making a partial order or a reservation), you agree with the current wording of our Terms published on the Platform and you undertake to follow them.
  6. The Client may not assign any rights or obligations towards DAVINCI TS to any third party without the prior written consent of DAVINCI TS.
  7. Nothing in these Terms confers or purports to confer on the Providers, End-Customers or any other third party any benefit or any right to enforce any term of these Terms.

XII. About DAVINCI travel system s.r.o.

The mediation of accommodation is provided by the Company DAVINCI travel system s.r.o., Company ID no.: 05277949, VAT registration no. CZ05277949, which is subject to the Czech law, based at Pavla Beneše 750/12, Letňany, Prague 9, 199 00, Czech Republic, registered in the Register of the Municipal Court in Prague under file no. C 261111, according to these Terms. The authorized representative and managing director of the company is Alex Ilyash.